Florida Trust & Probate Attorneys Blog
The Importance of Your Adult Child Naming a Healthcare Surrogate and Power of Attorney
By: Jacqueline R. Bowden Gold, Miami Estate Planning Attorney
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Is a Handwritten Will Valid Under Florida Law?
Is a Handwritten Will Valid Under Florida Law?
By: Jacqueline R. Bowden Gold, Miami Lakes Estate Planning Attorney
When planning for the future, a crucial step is ensuring that your wishes are respected after your death. This often involves creating a will. However, not all wills are created equal, and understanding the types of wills and required formalities is essential in Florida. One type is a “holographic will,” which is not recognized as valid under Florida law. Let’s explore what a holographic will is, why it’s not valid in Florida, and why a holographic will created in another state may still be problematic if you move to or have assets in Florida.
Keeping Peace in The Family: 5 Common Pitfalls
Keeping Peace in The Family: 5 Common Pitfalls
By Attorney Phil Rarick, Weston Estate Planning Attorney
As an estate planning attorney, I sometimes witness stressful family fights that break out upon the death of a father or mother or husband and wife. On some occasions, it’s outright family warfare! What is painful is that the family was functioning quite well before the passing of their family member. Here are five common pitfalls to avoid:
Celebrities Who Died Without a Last Will
Celebrities Who Died Without a Last Will
The Importance of Estate Planning
By: Jacqueline R. Bowden Gold, Miami Estate Planning Attorney
Florida’s Unique Procedure For “Probating” Homestead Property
By: Jacqueline R. Bowden Gold
It is no surprise that Florida is different from the other 49 states. What is confusing to some probate attorneys outside the state is Florida’s unique Procedure for “Probating” Homestead Property. Pursuant to Florida Statute 733.607, protected Florida homestead property is not considered a probate asset, so why does it usually require a probate proceeding?
First, we must define what is homestead. Homestead is real property, of no more than 160 contiguous acres outside a municipality, or no more than one-half of an acre of contiguous land in a municipality, owned by a natural person, and the improvements on it. Art. X, §4(a), Fla. Const. In addition, to qualify for homestead it must be the decedent’s primary or permanent residence prior to death and the property must be owned by a natural person.
Remote Online Notarization For Trusts & Wills Begins July 1: Watch For These 5 Sand-Traps
By Phil Rarick, Esq. and Jacqueline Bowden Gold, Esq., Miami Lakes and Weston Estate Planning Attorneys,with special thanks for comments by Rick Stockton, Esq. of Holland & Knight, a primary author of the Lawgic Florida Wills and Trust program.
Editor’s Note: The following is a public service Alert from Rarick & Bowden Gold, P.A. This firm does not offer or recommend Remote Online Notarization Service providers.
As previously reported, Florida’s new Remote Online Notarization law became effective January 1st of this year for all documents except for wills, trusts and other testamentary instruments, that becomes effective July 1. See Florida’s Remote Online Notarization Begins January 1.
Florida Treasure Hunt: Check It Now! Florida Unclaimed Property Law
By Phillip B. Rarick, Esq., Miami Asset Protection Attorney
If you have never checked Florida’s website for lost accounts and abandoned property you should do so – immediately. You may be pleasantly surprised!
You may think that it is not possible that you have any “unclaimed” property held by the State of Florida – and you could be wrong.
What Is the Federal Gift Tax Annual Exclusion for 2019?
By Phillip B. Rarick, Esq. and Jay R. Beskin, Esq.
Last year the Federal annual gift tax exclusion was $15,000 and the amount remains the same for 2019. This means you can walk down the street and give out $15,000 to every person you meet and not have to file a gift tax return. If you are married, husband and wife can combine their annual exclusions and give $30,000 to each child or grandchild. As long as your gifts are below the annual exclusion amount, they are not counted against the lifetime gift exemption which is currently $11.4 million per person (Note: Be careful this is temporary and expected to drop to $5.6 million in 2026).
Note: Be very careful about making outright gifts to children. It is far safer to use a “Gifting Trust” so that the money is wisely used for the child’s college education or other needs – and so that the child does not blow it when he turns 18 or his creditors grab it when he is in his 20’s.
Florida’s Sweeping Elective Share
By Phillip B. Rarick, Esq., Miami Probate Attorney
Florida’s 30% elective share law was completely rewritten in 2001 because the old law could be easily circumvented by placing assets in a revocable trust or using non-probate transfers (e.g. life insurance, IRAs etc.) In an effort to curtail such tactics, the legislature overhauled the statute and broadened the share. The result is an expansive elective share that sweeps into the decedent’s “elective estate” many non-probate assets. See F.S. §732.201 —§732.2155.
What Is Included? Florida’s elective share statute retains the 30% share under prior law, but introduces the concept of the “elective estate” (sometimes referred to as “augmented estate”) that consists of the following property interests under F.S. §732.2035:
10 Point Checklist For Florida Corporate Entities
By Phillip B. Rarick, Miami Lakes and Weston Estate Planning Attorney
Note: This 10 Point Checklist is for those persons who have interests in one or more Florida entities, such as a corporation, limited liability company (LLC), or limited Partnership (LP).
1. Annual Fees. In January the State of Florida will send notices via email reminding you that annual fees for each corporate entity are due no later than May 1. Do not wait to get an email notice from the state, as your fees are due regardless of whether you get a notice. Remember: The deadline to pay these fees is May 1 without penalty.